Privacy Policy

Howcast Media, Inc. (“Howcast”) is concerned about your privacy. Howcast, a Delaware Corporation, with its principal place of business at 69 Charlton Street, Second Floor, New York, NY 10014, is the owner and operator of the web sites located at Howcast.com, CakeMade.com and other URLs as may be designated in the future (collectively referred to as the “Sites”). We want you to understand what types of Personally Identifiable Information we collect from you when you visit the Sites, and how we use your Personally Identifiable Information.

Personally Identifiable Information

Personally Identifiable Information (“PII”) refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains. This includes information that is used in a way that is personally identifiable, including linking it with identifiable information from other sources, or from which other personally identifiable information can easily be derived, including, but not limited to, name, address, phone number, fax number, e-mail address, demographic information such as age, income, and zip code, financial profiles, social security number (solely in instances in which you accept payment from Howcast in a transaction which requires IRS notification by law), and credit card information (in the event you make purchases from the Sites using a credit card). To the extent unique information (which by itself is not PII) such as a personal profile, unique identifier, and IP address is associated with PII, then such unique information is also considered PII. PII does not include information that is collected anonymously (i.e., without identification of the individual user) or demographic information not connected to an identified individual.

Personally Identifiable Information Howcast Collects

By using the Sites you are consenting to our use and processing of your information as set forth in this Privacy Policy. When you register on the Sites, enter promotions or sweepstakes on the Sites, order merchandise or services from the Sites, or request other services provided by Howcast, we will ask you for certain PII which is required for use of certain sections of the Sites and services offered in the Sites such as name, user name, your address, zip code, telephone number, and e-mail address. We may collect billing information, such as billing name and address and credit card number. If you send Howcast correspondence, via e-mail, fax, or regular mail, or if other users or third parties such as businesses send us correspondence about your activities in connection with your use of the Sites, Howcast may retain that information. If any third parties provide information to us about you, we will treat that information in accordance with this Privacy Policy.

Howcast, our agents, as well as some third party suppliers and service providers, may use cookies, or functionally equivalent technology, to collect certain information about you based upon your behavior while visiting the Sites. This information may include the Uniform Resource Locator (URL) that you just came from (whether this URL is on the Sites or not), which URL you next go to (whether this URL is on the Sites or not), what browser and computer configuration you are using, and your IP address. Cookies can also help us provide information about services that are targeted to your particular interests. Cookies are stored on your local machine, not on the Sites. You are always free to decline cookies if your browser has this functionality. However, by disabling or declining cookies, you may not have access to the entire set of features of the Sites. In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Howcast or substantially all of its assets were acquired, or in the unlikely event that Howcast goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquiror of Howcast may continue to use your personal and non-personal information only as set forth in this Privacy Policy. Otherwise, Howcast will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

Howcast collects this information and does not sell, rent or share any PII to any third party except in accordance with this Privacy Policy.

Howcast uses third-party advertising companies to serve ads and collect information when you visit the Sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Sites and other web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit the following site:http://www.networkadvertising.org/managing/opt_out.asp.

How Howcast Uses PII

We use the information you provide through the registration process to: provide you with the information and services you request; communicate with you on matters relating to the Sites; manage your account with Howcast; and provide you, if you opt to receive such information, with information about related services and/or products from our other business associates.

Information that is automatically collected regarding your activities while visiting our Sites as well as demographic information derived from your registration and others may be aggregated and shared with associates and third parties, but only in aggregated form that does not contain any PII. For instance, Howcast may monitor the most popular videos on the Sites, and may display this information publicly or provide it to others.

Any information, comments, or other material in any form, electronic or otherwise related to Howcast and/or any commercial advertising content shown on Howcast that you submit via the Sites or otherwise to Howcast may be used by Howcast for any purpose, including posting on our Sites for viewing by other visitors to our Sites.

In addition, Howcast uses information maintained about you, and other information obtained from your current and past activities to resolve disputes, troubleshoot problems and, if necessary, to enforce our rights. At times, Howcast may review the information of multiple users to identify problems or to resolve disputes.

Your Choices Regarding the Collection, Use and Disclosure of PII

You may at any time choose to disclose or not disclose the PII we request; however, if you choose not to disclose the requested information, we may not be able to provide you with some or all of the information or services you request. Howcast reserves the right to withhold or deny any services available on the Sites, or to condition access to all or certain portions of the Sites for any reason, including but not limited to, your refusal to or removal of information Howcast deems necessary to provide the information or services in question.

If you do not wish to receive certain communications from Howcast such as marketing communications, you may opt out by declining the service offered or, in some instances, adjusting the settings on the Sites to reflect that you do not wish to receive such communications. We will use reasonable efforts to comply with your request unless such communications are necessary for the administration of your account or the maintenance of the Sites, required by law, or necessary to protect our rights.

The Sites are not designed for use by children and minors. Howcast does not knowingly collect PII from children under the age of 13. If you believe that a child has provided Howcast with PII without the consent of his or her parent or guardian, please contact us at support@howcast.com. If Howcast becomes aware that a child under age 13 has provided us with PII, we will delete such information.

How Howcast Shares PII

Howcast may disclose your PII to our agents, as well as some third party suppliers and service providers to directly or indirectly provide you with services or information, and we may need to share your PII with them in order to permit them to provide such services or information. If you make purchases on the Sites, we may disclose your credit card information to financial institutions involved with the processing of your credit card transactions solely to facilitate your payments and/or credits related to your purchases. We require all such third parties to whom we disclose your PII to adhere to the restrictions in this Privacy Policy, to keep your PII confidential, and to use your PII only to provide you with the information and/or services you request.

Howcast may disclose PII to certain intermediaries (third party services providers who do not store, retain or use your PII) solely to the extent necessary to provide the information and services you request through Howcast. Howcast will disclose PII if required to do so by law, regulation, subpoena or other court order or if Howcast has a good faith belief that such action is necessary to conform with applicable laws or legal requirements or investigations. Howcast will not use or disclose your PII in any way except as specified in this Privacy Policy or with your prior written or active e-mail consent.

Security Measures

The Sites employ a number of current industry-standard technology security measures to protect the security of PII. All Howcast personnel are informed of and required to abide by the requirements of this Privacy Policy, and access is limited to those individuals who require access in order to provide services in connection with the Sites.

Although we make good faith efforts to store PII in a secure operating environment that is not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your PII. If we become aware that your PII has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted by law.

Correcting Inaccuracies in Your PII

If you have any questions about your PII at any time, please contact us at privacy@howcast.com.

International Customers

For customers outside the United States, please note that any PII you enter into the Sites will be transferred out of your country and into the United States. You consent to such transfer through your use of the Sites. You also warrant that you have the right to transfer such information outside your country and into the United States.

Additional Information

This Privacy Policy only applies to information collected by Howcast. This Privacy Policy does not apply to the practices of companies that Howcast does not own or control, or employees that Howcast does not manage. The Sites contain links to third party web sites. Any information you provide to, or that is collected by, third-party web sites may be subject to the privacy policies of those web sites, if any. We encourage you to read such privacy policies of any third-party web sites you visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your PII, and Howcast and affiliates shall not be liable for wrongful use or disclosure of your PII by any third party.

You should also be aware that if you submit information to “chat rooms,” “forums” or “message boards” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications.

Howcast reserves the right to change this Privacy Policy at any time by posting a new Privacy Policy on the Sites. However, if we change our Privacy Policy to permit a new use or disclosure of PII, we will not so use or disclose your PII collected prior to posting of the new policy unless we first notify you via e-mail of the new policy at least 30 business days prior to the change taking effect and provide you with an opportunity to opt out of the new use or disclosure provisions.

You may at any time print, download, or request a printed copy of this Privacy Policy. If you believe that this policy has been violated, please contact support@howcast.com or Howcast Media, Inc., Attn: Privacy Policy, 69 Charlton Street, Second Floor, New York, NY 10014.